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The UN Convention on the Law of the Sea, headquartered in my home town, Kingston, Jamaica, is the only venue in which such a treaty can be made.
One hundred and sixty seven countries, plus the EU and several observer nations have signed the Treaty, and only the US has refused.
Thomas J. F. Goreau, PhD
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It’s not entirely true that UNCLOS could be the only venue for such regulation. First of all, as Lezaun outlines in an excellent recent piece, some contemplated non-land based CDR could be effectuated in coastal areas and within EEZs, with the lion’s share of regulatory purview in the hands of national/state/local entities: https://www.frontiersin.org/articles/10.3389/fclim.2021.684063/full. In the United States, for example, several startups have begun discussions with the agency folks responsible for implementing the Marine Protection, Research and Sanctuaries Act, and Canadian companies are in discussion with the federal government in this context also, see Romany Webb’s excellent recent report on Canada and marine CDR: https://scholarship.law.columbia.edu/faculty_scholarship/2744/
There’s also the London Convention and its Protocol, the latter of which establishes a regulatory framework for marine geo. research. Of course, it hasn’t come into force yet, but even the London Convention’s resolutions in this context provide a good start. While the LC/LP has far more limited membership than UNCLOS, it does include as members most of the nations likely to engage in ocean CDR, including in the case of the Convention, even the United States! The CBD also has jurisdiction over ocean-based approaches, and has established a regulatory framework. We discussed UNCLOS and these other regimes in a report for the Centre for International Governance Innovation: https://www.cigionline.org/publications/governance-marine-geoengineering/, as did GESAMP in its marine geo report: http://www.gesamp.org/publications/high-level-review-of-a-wide-range-of-proposed-marine-geoengineering-techniques
Moreover, many have suggested that while UNCLOS, and the Biodiversity Beyond Jurisdiction treaty that is currently being negotiated under its purview, might provide the most comprehensive approach, it’s also possible that regional pollution regimes might play a role, ditto fishery regimes, and regional marine protected areas regimes.
If one buys the idea that polycentric regulation is sometimes optimal for regulating complex architectures of this nature, it’s also not entirely clear that we would want only one regime involved.
wil
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Dear Anton,
I’m in full agreement about your point in terms of a multiplicity of regulatory nodes in the US, which is certainly possible. What I can say is that my recent interactions with
regulatory agencies in the U.S. encourages me that there’s recognition in the government also of this, and there are efforts to address this issue as part of the Carbon Negative Shot.
I think that some of the initial proposals from start-ups for research in U.S. coastal waters may help us to hone and simplify this process; at least that’s my hope. And I say that as a fellow lefty
😊
Tom,
According to the table on the UN DOALOS website information I just looked at, UNCLOS has been signed/ratified by 182 countries plus the EU. There are a number of coastal countries besides the US who have not done so:
Cabo Verde
Eritrea
Israel
Peru
Turkey
Venezuela
In addition, there are 7 land-locked states that have not signed. There a lot of land-locked states that have signed up.
Chris.
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